I installed a draining system for my site . There was none before. My neighbourd tapped into my systems and insist that he has the right to use it and I have the responsability for all the maintenance. Explain to me my obligations and rights.
Talking, but is of no use
On what basis does he claim to have a right to tap into it??
He said that the draining dyke was in place when he bought the house next door but, I excavated the dyke myself before he moved to the adjacent site.The problem is that not only is his site discharging rain water into my system but also 3 other sites uphill. My piping is only 12 inches and can only discharge a given amount of rain water.
Is this natural run off or had he come on to your land and tapped into your system??
No is not a natural run off. As a matter of fact the slope is down his property. We had a shallow trench for our use .He complained that water was building up in his property, to help him we dug this trench deep enough to reverse the flow. Because it was very deep we laid a pipe. Other wise we could not clean it without a digger.This pipe was intended for our use and, and if we could help him so be it. Now he is saying that the pipe is too small to carry the flow, and since I buried I'm responsable. Now, there was never a natural draining dyke there. we did this in 2007, my idea is that since I build it, I paid I could block him out should the water load exeded the carrying capacity of the pipe.
He also claim that the trench was there when he bought the property, it was not, the original trench was very shallow, I have the digger coming out tonite and also the owner of the original land to comfirm my position.
Hope this clarify my problem a bit more.
Unfortunately this doesn't make things much clear to me.However I thing I can deal with your question. You have not granted this person a Right of wayleave over your property. You have installed a pipe for your own purposes on your own land. He has no rights in regard to how you maintain this piping nor is there anything to preclude you from blocking his use of same once you don't interfere with the topography of the land
B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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